Deputy’s Error: The decision cites § 60.2-614, which governs “service performed subsequent to the immediately preceding benefit year.”
Defect: The Deputy misapplied the statute to a period (09/14/2025 – 09/12/2026) for which there is no verified record of active employment or wage service following the 2024 benefit year. The Deputy treated the existence of prior disability or corrective payments as “benefits paid,” which is jurisdictionally improper.
Effect: A finding of ineligibility under § 60.2-614 requires actual service performed for remuneration; this was neither alleged nor proven.
Result: The determination was issued without jurisdictional basis, and under Jones v. Willard, 224 Va. 602 (1983), must be declared void ab initio.
Deputy’s Text: “Based on facts obtained in connection with this claim…”
Defect: No factual record or wage verification audit is attached or referenced. The Deputy failed to reconcile the Cox-submitted wage data against the VEC-certified FOIA payroll extracts showing contrary figures for Q3–Q4 2024 and Q1 2025.
Effect: The “facts obtained” language is unsupported, constituting an unverified assertion.
Result: Determination was premature and unsupported by record evidence, violating 16VAC5-10-40.
Deputy’s Text: “The claimant was paid benefits on a claim effective 07/28/2024…”
Defect: That conclusion rests entirely on employer submissions never authenticated, sworn, or reconciled. The Deputy adopted the employer’s position without claimant interview or review of wage reconciliation requests filed on 09/22/2025.
Effect: This reliance on unverified employer statements violates the impartial fact-finding standard of Russell v. VEC, Decision 30679-C.
Result: Decision is procedurally void for reliance on unverified and potentially falsified evidence.
Deputy’s Text: “Mail Date 10/02/2025… Appeal Date 11/01/2025.”
Defect: VUIS records show the issue (ID 25113068) was created on 09/20/2025—twelve days before mailing. This violates the promptness requirement under Wilson v. VEC, Decision 53842-C.
Effect: The claimant’s appeal window was materially shortened, and notice of determination was not contemporaneous with the decision date.
Result: Notice invalid; the determination must be re-issued with corrected timing and recalculated appeal period.
Deputy’s Text: No notation of claimant contact or rebuttal opportunity.
Defect: The claimant was not contacted, questioned, or invited to review wage data before denial.
Effect: This omission deprived the claimant of a fair opportunity to be heard, violating Jones v. Willard and due-process requirements of the Virginia Administrative Process Act.
Result: Decision is void for denial of procedural due process and must be reheard de novo.
Deputy’s Text: “Has not worked for an employer for thirty days or 240 hours…”
Defect: The Deputy conflated short-term disability compensation (a benefit, not wage remuneration) with “benefits paid” for purposes of § 60.2-614 analysis.
Effect: This constitutes an unlawful waiver of rights under § 60.2-107, treating lawful disability benefits as disqualifying wages.
Result: Determination is statutorily void; recalculation must exclude disability pay from the 30-day/240-hour test.
Deputy’s Text: None provided.
Defect: The record lacks the VUIS adjudication log identifying who entered the decision, what evidence was reviewed, and what calculations were performed.
Effect: Absence of an audit log violates VEC procedural integrity standards and prevents independent verification.
Result: Administrative voidance required pending retrieval of full audit metadata.
Deputy’s Text: Silent on prior FOIA disclosures.
Defect: The Commission failed to disclose or reconcile its own FOIA-released wage data that contradicts the employer’s wage submissions.
Effect: This concealment constitutes extrinsic fraud by omission, invalidating the proceeding under Russell v. VEC (30679-C) and Forehand v. VEC (43213).
Result: Determination must be vacated ab initio and all subsequent actions treated as nullities.
Because each of the foregoing defects constitutes an independent jurisdictional, procedural, or evidentiary failure, the Deputy’s October 2, 2025 decision (Issue ID 25113068) is void ab initio.
The Commission is therefore required to:
Remove the decision from the claimant’s record;
Reinstate adjudicative jurisdiction for complete reconciliation of all wage, disability, and FOIA-certified records; and
Render a new, properly supported determination following claimant participation and evidentiary verification.